SUMAN K SHRIVASTAVA
Ranchi, Dec. 9: The Jharkhand High Court, led by Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar, has directed the State to pay ₹1,00,000 as interim compensation for the custodial torture of Kayum Chaudhary, who was illegally detained and beaten at Chainpur Police Station, Gumla. The Court also issued strong preventive directions to the Director General of Police (DGP), Jharkhand, calling for immediate reforms to curb custodial violence.
Advocate Rajeev Kumar, assisted by Advocate Niteshwari Kumari, appeared for the petitioner, Nafija Bibi.
Illegal Detention and Brutal Torture Revealed
The petition, filed on behalf of Kayum Chaudhary through his sister-in-law, alleged severe human rights violations. Kayum was picked up on 01.12.2025 by the Officer-in-Charge of Chainpur Police Station without any FIR, without being told the grounds of arrest, and “without any rhyme or reason.”
Family members were told at the police station that Kayum had no charges against him and that his father-in-law was actually suspected. They were then abused and threatened with “serious consequences.”
Kayum was illegally detained, beaten, and tortured, with photographs showing injuries “black and blue.” He had to be referred to RIMS for X-ray and medical management by the Community Health Centre, Bharno, Gumla.
SP Appears; No CCTV Installed Despite Supreme Court Mandate
On the Court’s earlier order, Superintendent of Police Haris Bin Zaman appeared personally on 04.12.2025.
He admitted that:
- No CCTV cameras are installed at Chainpur Police Station, despite Supreme Court directions from 2015.
- Kayum is not an accused in any case; he was only detained because he was in phone contact with one accused person.
- He had placed the Officer-in-Charge, Police Sub-Inspector Krishna Kumar, under suspension via Order No. 1088/2025 dated 03.12.2025.
The SDPO’s investigation confirmed that calling Kayum to the police station, detaining him, and beating him was “unfair” as no cognizable case was registered against him.
HC: “End Cannot Justify the Means”
The Court strongly criticized the use of third-degree methods, reiterating:
- Police may investigate crimes, but torture is illegal.
- Interrogation must be “purposeful,” not violent.
- Torture “behind closed doors” cannot be tolerated in any society.
The Court noted that the absence of CCTV cameras violated the Supreme Court’s rulings in D.K. Basu v. State of West Bengal (2015) and Shafhi Mohammad v. State of H.P. (2018), which mandate CCTV surveillance and oversight committees.
₹1 Lakh Compensation; Costs to Be Recovered from Erring Officers
Directing swift relief, the Court ordered:
- ₹1,00,000 interim compensation to be paid within one week by the State.
- The amount to be recovered later from the responsible police officials.
DGP Ordered to Implement Anti-Torture Reforms Immediately
The High Court instructed the DGP to carry out preventive reforms laid down in Sube Singh’s case, including:
- Reorientation of police training to respect human rights
- Continuous supervision of lower-level officers
- Strict compliance with D.K. Basu guidelines
- Foolproof FIR registration
- Video-recording and computerised records to prevent manipulation
- Independent investigation (Human Rights Commission or CBI) for custodial violence cases
HC Quotes Justice V.R. Krishna Iyer on Police Accountability
The Court reminded the police of the principle that policing must serve the people “without fear or favour,” and that the justice system collapses if the investigative process fails.
Case to Be Heard Again on 07.01.2026
The Court has directed the filing of:
- A counter-affidavit within four weeks
- A compliance affidavit from the DGP on the next hearing date
